[News Analysis] Plot colonel Çiçek’s release unlawful, say prominent jurists

Col. Dursun Çiçek, whose signature appears on a military document titled the Action Plan to Fight Reactionaryism that details a plan to undermine the ruling Justice and Development Party (AK Party), was arrested for the first time in the investigation into coup plotting officers in the military on July 18, but was released the next day on the grounds that the original copy of the Action Plan was not available. He was arrested again last week when prosecutors conducting the Ergenekon investigation obtained the original copy of the document with Çiçek's “wet signature.”

However, he was released after a brief detention, with the İstanbul 9th Criminal Court citing its reason as “the suspect having no possibility of obscuring evidence, and has a permanent address where he can be found,” under Article 100 of the Code on Criminal Procedure (CMK). However, the same article -- which allows for the release of individuals if they meet the conditions of not having the ability to obscure evidence and having a permanent residence where they can easily be found -- also states in its second paragraph that these reasons alone are not good enough for release in crimes against constitutional order.

According to former Prosecutor Gültekin Avcı, such practices might encourage terrorist organizations. Avcı says: “Such a ruling to release him while all of the conditions for arrest laid out in the CMK are there is very surprising. The decision is a very serious disappointment. It cannot legally be defended. The judicial mechanism that has ruled this release decision actually paves the way for members of all terrorist organizations to walk free. If this is referred to as a precedent by other courts, this will mean that people will never be punished because of such documents and their statements in legally wiretapped phone conversations. The judges who made this ruling were appointed recently by the Supreme Council of Judges and Prosecutors [HSYK]. It is also interesting that the ruling comes one day after HSYK Deputy Chairman Kadir Özbek made the statement that the judiciary is now on defense.”

Çiçek’s release was condemned in public protests on Saturday by groups who gathered in front of the İstanbul courthouse in Beşiktaş.

Another former prosecutor, Reşat Petek, said Çiçek’s release for the second time was clearly indicative of a settling of accounts going on inside the judiciary. “As it is publicly known, a coup plot aiming to destroy the rule of law and democracy was acquired. A forensic report showed that this document is authentic. According to the law, a person who stands accused based on such evidence should remain under arrest. The HSYK deputy chairman who sits at the top of the judicial hierarchy has given orders to the judges. This has created the impression that the judiciary is facing a very serious interference. Nobody, neither the justice minister nor the deputy chairman of the HSYK or the head of the Supreme Court of Appeals can give orders to independent judges. There is material evidence there; this is why he was arrested in the first place.”

Ali Aydın, the head of the Kayseri Bar Association, commented, saying: “Courts are seriously losing credibility. This is in no way a decision inline with the law. This is a very unfortunate ruling.” Süleyman Gürkök, the head of the Anatolia Law Association said: “The type of crime here is very important. Dursun Çiçek was arrested on charges of terrorism. The prosecution in this investigation claims that the crime was not committed by a single person and that this crime was committed against the majority of the society. This ruling is highly suspicious.” The head of the Association of Jurists, Kamil Uğur Yaralı, said an officer facing such a serious accusation should not have been released. “This will destroy the trust which segments that have been targeted by the action plan have in the judiciary.”

Civil society protests

Public protests also took place on Saturday against Çiçek’s release. A group of 50 individuals who gathered in front of the İstanbul Courthouse in Beşiktaş held up signs reading, “How did the wet signature dry up in two days?” questioning Çiçek’s controversial release. A spokesperson for the group said Turkey has seen examples of the General Staff giving briefings to judiciary members in the past. “We have always been against such intervention in the judiciary by the General Staff and we always will be.”

Meanwhile, the General Staff yesterday released a statement denying allegations made by some media organizations that Çiçek had lunch with the force commanders at the General Staff Headquarters on Nov. 10.

All in all, 30 people who are currently on active duty in the military have been arrested so far for involvement in the Ergenekon organization. Five of these have been released. Currently, 25 officers on active duty are under arrest as suspected members of Ergenekon.